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maroon UNIVERSITY, M"EWORLSS I I Vol L No. 24 May 2. 1974 RA's raid dorm, seize items GARY GOMEZ CHERYL MICHAELS Staff Reporters Constitutionality questioned Three Resident Assistants and a security guard raided three men's dormitory rooms Saturday and claimed to have confiscated from one of them substances presumed to be narcotics. In addition, it was charged by one RA that paraphernalia and other possible evidence of drug use were discovered in another room. Assistant Dean of Student Affairs Lynne Neitzschman who authorized the raid, refused to comment on what was found and whether charges would be made or disciplinary action would be taken. Jack T. Kellogg, Security Director, said he received a box from Ms. Neitzschman containing material allegedly confiscated in the search. "She wanted me to keep it for safety reasons. I haven't looked through it and I will not look through it unless it becomes a police matter and Security gets involved," Kellogg said. In reaction to the raid, Robert DeVoto, A&S representative, called Tuesday on the SGA to investigate the search procedures used to determine whether university rules or constitutional rights were violated. From interviews with witnesses, residents and other parties involved the following account of the search has been pieced together. About 1:00 p.m., Saturday, two RA's and a security guard entered room 308 occupied by Frank Alexander, a sophomore music major, and John R. Guidry, a sophomore in political science. Neither was present. Dan Capobianco, a student who lives down the hall from 308 in Biever Hall, said he heard some noises coming from that room and decided to look in. "1 saw a resident assistant and a security guard and then they shut the door in my face," Capobianco said. Another dorm resident, Anthony Lewis, claims he saw the room immediately after the searchers left. He said it looked like Hurricane Betsy had hit it. "Clothes were on the floor, things were contorted different ways, and the sheets were messed up.* After searching the room, the RA's removed a locker allegedly containing drugs. Guidry complained that a receipt for the locker was not left, a violation of the Student Handbook. An RA explained later, "A receipt was not left for the locker* because there was no one to receive the receipt." After the locker was searched, it was offered back to Guidry, but the student refused to accept it. Guidry claimed that when he returned to his room that afternoon, "sheets were off the bed, the closet was open, books were thrown around, and clothes were on the floor." After discovering the room had been entered and searched, Guidry said he reported it to Loyola Security. "All they said was come in and talk to us about it," Guidry said. "We weren't given any formal reason why our room was searched," he added Guidry also claimed an RA apologized to him Monday night for the way he had searched his room. Guidry maintains, however, his rights were violated. "Why wasn't the due process of law followed, why was there no receipt, no search warrant, no emergency to warrant the search?" Guidry asked. The second room searched was 318, occupied by Robert Green, a sophomore accounting major. A student who was visiting the room, said "We were told we had to leave the room. Three people searched it. The room was kind of ripped up." Green said he asked the searchers who had given them authority to search his room and was told the dean of student affairs. Green said he was not shown any authorization. 'They ransacked my room, lifted up the matresses and messed up my sheets," he said. After leaving room 318, the searchers went up to room 519 which they searched while Alex Fraga, a BA freshman who was just visiting, watched. Fraga claimed that they had knocked on the door but before he could get to it, they opened it and entered the room. Fraga complained afterward that according to the Student Handbook, occupants must be given sufficient time to open the door when a room is searched. Fraga said he had asked to see a search authorization but was not shown one, which he also claimed violated his rights. Vincent P. Knipfing, Dean of Student Affairs, explained later that papers authorizing the search were not completed in time. The searchers did have verbal authorization, however, according to Neitzschman. Under the University housing contract, searches may be conducted in the dorms without a search warrant issued by a court. As for when it is permissible for a room to be searched, Knipfing said "We don't give permission to search a room unless there's some information to believe something is wrong." In a heated discussion at the SGA meeting Tuesday, John D. Schoonenberg, SGA Vice President and Law school junior, said the university's search policy "smacks of unconstitutionality." He explained that to obtain a search warrant signed by a judge the request must include what is being searched for and why it is believed a search is necessary. "You have to have adequate grounds," Schoonenberg declared, "it just can't be arbitrary." "Why don't they tell us we don't have any Constitutional rights?" DeVoto asked. John Posey, SGA President, said SGA would hold a special meeting, if necessary, to discuss the matter further after DeVoto has contacted Knipfing. University may investigate charges VICKI SALLOUM Staff Reporter Smith-Losman dispute The University may investigate charges that Business Administration Dean Lowell Smith used smear tactics to fire Dr. Donald Losman, a tenured business professor, and to force the resignations of two former business professors. According to Dennis Rousseau, executive administrative assistant to the president, the charges may be examined after Losman's case has been settled. "We must first address the problem of Dr. Losman. After that-and I can't say with certainty-I think his charges should be looked into. Any type of alleged violation of academic freedom should be looked into." The Conciliation Committee's recommendation concerning the dispute will be given to Acting President James C. Carter, S.J., this week. If the recommendation reflects a settlement between Smith and Losman, Fr. Carter could approve the settlement and conclude the case. However, if he disagrees with the recommendation, he may refer the case to the University Rank and Tenure Committee for a final decision. Fr. Carter was not available for comment on the dispute. Rousseau said Fr. Carter will not involve himself in the case until he receives the Conciliation Committee's recommendation. "Since he will make the final judgment, he has made an effort not to be directly involved with the parties regarding details on the matter," Rousseau said. "Fr. Carter has an open mind and would like to view all the facts before coming to a decision. He has specifically stated he will not take sides." Losman said Smith had agreed to a $10,000 settlement contingent upon his resignation, but threatened to withdraw the settlement if last week's MAROON article concerning the dispute was published. Losman said he does not know if he will still receive the settlement. Smith refused to comment on the settlement. Last week Smith told the MAROON "If some of the charges are clearly flase and are bandied about in the press, Dr. Losman and the MAROON are open to some kind of legal action." Following publication of the article, Smith refused to comment on whether he will take such legal action against Losman and the MAROON. Were these rules followed? The illegal possession or consumption of drugs, or misconduct resulting therefrom, is a serious offense subject to action ranging from rehabilitative consultation to dismissal, depending on the seriousness and extent of the offense, (page 22, Student Handbook) Rooms will be searched only with "reasonable cause to believe" and not without the voluntary consent (waiver) of the student, unless a written administrative search authorization has been granted by the Dean of Student Affairs or designated representative of the Dean of Student Affairs, (page 36, Student Handbook) Two persons, to include one Dean or his representative, must be present when it is necessary to search a student's room when thei tf)ccupant(s) is not present, (page 37, Student Handbook) J Top three selected University Presidency Fr. James C. Carter, SJ., Acting Resident of Loyola, Fr. John Felten, S.J., Dean of Arts and Sciences at Xaviei University, Cincinnatti, Ohio, and Fr Robert F. Weiss, SJ., President of St, Louis University High School, St. Louis Mo., are the top three candidates for the university presidency. Fr. Ernest Ferlita, SJ., Chairman of the Board of Directors, said Wednesday rhat the Advisory Search Committee has submitted an alphabetical list of the three nominees to the Board Search Committee. The Board Search Committee will submit a list of the candidates ranked in order of preference to the Board of Directors on Thursday, May 16. The new university president will be elected on that date. j

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maroon UNIVERSITY, M"EWORLSS I I Vol L No. 24 May 2. 1974 RA's raid dorm, seize items GARY GOMEZ CHERYL MICHAELS Staff Reporters Constitutionality questioned Three Resident Assistants and a security guard raided three men's dormitory rooms Saturday and claimed to have confiscated from one of them substances presumed to be narcotics. In addition, it was charged by one RA that paraphernalia and other possible evidence of drug use were discovered in another room. Assistant Dean of Student Affairs Lynne Neitzschman who authorized the raid, refused to comment on what was found and whether charges would be made or disciplinary action would be taken. Jack T. Kellogg, Security Director, said he received a box from Ms. Neitzschman containing material allegedly confiscated in the search. "She wanted me to keep it for safety reasons. I haven't looked through it and I will not look through it unless it becomes a police matter and Security gets involved," Kellogg said. In reaction to the raid, Robert DeVoto, A&S representative, called Tuesday on the SGA to investigate the search procedures used to determine whether university rules or constitutional rights were violated. From interviews with witnesses, residents and other parties involved the following account of the search has been pieced together. About 1:00 p.m., Saturday, two RA's and a security guard entered room 308 occupied by Frank Alexander, a sophomore music major, and John R. Guidry, a sophomore in political science. Neither was present. Dan Capobianco, a student who lives down the hall from 308 in Biever Hall, said he heard some noises coming from that room and decided to look in. "1 saw a resident assistant and a security guard and then they shut the door in my face," Capobianco said. Another dorm resident, Anthony Lewis, claims he saw the room immediately after the searchers left. He said it looked like Hurricane Betsy had hit it. "Clothes were on the floor, things were contorted different ways, and the sheets were messed up.* After searching the room, the RA's removed a locker allegedly containing drugs. Guidry complained that a receipt for the locker was not left, a violation of the Student Handbook. An RA explained later, "A receipt was not left for the locker* because there was no one to receive the receipt." After the locker was searched, it was offered back to Guidry, but the student refused to accept it. Guidry claimed that when he returned to his room that afternoon, "sheets were off the bed, the closet was open, books were thrown around, and clothes were on the floor." After discovering the room had been entered and searched, Guidry said he reported it to Loyola Security. "All they said was come in and talk to us about it," Guidry said. "We weren't given any formal reason why our room was searched," he added Guidry also claimed an RA apologized to him Monday night for the way he had searched his room. Guidry maintains, however, his rights were violated. "Why wasn't the due process of law followed, why was there no receipt, no search warrant, no emergency to warrant the search?" Guidry asked. The second room searched was 318, occupied by Robert Green, a sophomore accounting major. A student who was visiting the room, said "We were told we had to leave the room. Three people searched it. The room was kind of ripped up." Green said he asked the searchers who had given them authority to search his room and was told the dean of student affairs. Green said he was not shown any authorization. 'They ransacked my room, lifted up the matresses and messed up my sheets," he said. After leaving room 318, the searchers went up to room 519 which they searched while Alex Fraga, a BA freshman who was just visiting, watched. Fraga claimed that they had knocked on the door but before he could get to it, they opened it and entered the room. Fraga complained afterward that according to the Student Handbook, occupants must be given sufficient time to open the door when a room is searched. Fraga said he had asked to see a search authorization but was not shown one, which he also claimed violated his rights. Vincent P. Knipfing, Dean of Student Affairs, explained later that papers authorizing the search were not completed in time. The searchers did have verbal authorization, however, according to Neitzschman. Under the University housing contract, searches may be conducted in the dorms without a search warrant issued by a court. As for when it is permissible for a room to be searched, Knipfing said "We don't give permission to search a room unless there's some information to believe something is wrong." In a heated discussion at the SGA meeting Tuesday, John D. Schoonenberg, SGA Vice President and Law school junior, said the university's search policy "smacks of unconstitutionality." He explained that to obtain a search warrant signed by a judge the request must include what is being searched for and why it is believed a search is necessary. "You have to have adequate grounds," Schoonenberg declared, "it just can't be arbitrary." "Why don't they tell us we don't have any Constitutional rights?" DeVoto asked. John Posey, SGA President, said SGA would hold a special meeting, if necessary, to discuss the matter further after DeVoto has contacted Knipfing. University may investigate charges VICKI SALLOUM Staff Reporter Smith-Losman dispute The University may investigate charges that Business Administration Dean Lowell Smith used smear tactics to fire Dr. Donald Losman, a tenured business professor, and to force the resignations of two former business professors. According to Dennis Rousseau, executive administrative assistant to the president, the charges may be examined after Losman's case has been settled. "We must first address the problem of Dr. Losman. After that-and I can't say with certainty-I think his charges should be looked into. Any type of alleged violation of academic freedom should be looked into." The Conciliation Committee's recommendation concerning the dispute will be given to Acting President James C. Carter, S.J., this week. If the recommendation reflects a settlement between Smith and Losman, Fr. Carter could approve the settlement and conclude the case. However, if he disagrees with the recommendation, he may refer the case to the University Rank and Tenure Committee for a final decision. Fr. Carter was not available for comment on the dispute. Rousseau said Fr. Carter will not involve himself in the case until he receives the Conciliation Committee's recommendation. "Since he will make the final judgment, he has made an effort not to be directly involved with the parties regarding details on the matter," Rousseau said. "Fr. Carter has an open mind and would like to view all the facts before coming to a decision. He has specifically stated he will not take sides." Losman said Smith had agreed to a $10,000 settlement contingent upon his resignation, but threatened to withdraw the settlement if last week's MAROON article concerning the dispute was published. Losman said he does not know if he will still receive the settlement. Smith refused to comment on the settlement. Last week Smith told the MAROON "If some of the charges are clearly flase and are bandied about in the press, Dr. Losman and the MAROON are open to some kind of legal action." Following publication of the article, Smith refused to comment on whether he will take such legal action against Losman and the MAROON. Were these rules followed? The illegal possession or consumption of drugs, or misconduct resulting therefrom, is a serious offense subject to action ranging from rehabilitative consultation to dismissal, depending on the seriousness and extent of the offense, (page 22, Student Handbook) Rooms will be searched only with "reasonable cause to believe" and not without the voluntary consent (waiver) of the student, unless a written administrative search authorization has been granted by the Dean of Student Affairs or designated representative of the Dean of Student Affairs, (page 36, Student Handbook) Two persons, to include one Dean or his representative, must be present when it is necessary to search a student's room when thei tf)ccupant(s) is not present, (page 37, Student Handbook) J Top three selected University Presidency Fr. James C. Carter, SJ., Acting Resident of Loyola, Fr. John Felten, S.J., Dean of Arts and Sciences at Xaviei University, Cincinnatti, Ohio, and Fr Robert F. Weiss, SJ., President of St, Louis University High School, St. Louis Mo., are the top three candidates for the university presidency. Fr. Ernest Ferlita, SJ., Chairman of the Board of Directors, said Wednesday rhat the Advisory Search Committee has submitted an alphabetical list of the three nominees to the Board Search Committee. The Board Search Committee will submit a list of the candidates ranked in order of preference to the Board of Directors on Thursday, May 16. The new university president will be elected on that date. j